A suit was filed on Sunday in the Northern District of New York by plaintiff Rachel Lumbra (both individually and on behalf of all others similarly situated) against defendant Suja Life, LLC. The complaint alleges that the defendant misrepresented their cold-pressed juice product as fresh when it actually underwent high pressure processes, which the complaint says means the juice “has more in common with juices sold in standard refrigerator cases.”
The complaint explains that the defendant knows that consumers value the freshness of a product. The plaintiff contends that while prominent brands like Trader Joe’s are transparent about the treatment their products have undergone, the defendant uses vague references in places on the labeling where consumers are unlikely to notice it. Further, they note that the defendant’s product “is often sold in produce aisles where groceries are sold, in proximity to juices made at those stores, though such competitor juices have not been subject to any treatment beyond being cold-pressed, which furthers the impression it is not subsequently treated.”
Lumbra maintains that the one label that the defendant did put on their product, which reads “high pressure certified,” will lead consumers to believe it is in reference to cold-pressing. High pressure certification refers to a “non-thermal treatment method to preserve juice for up to 60 days,” which means that the juice is not fresh. The complaint also claims that the defendant makes other misleading representations and omissions.
The complaint cites violations of state consumer protection laws, breaches of express warranty, implied warranty of merchantability/fitness for a particular purpose and Magnuson Moss Warranty Act, negligent misrepresentation, fraud, and unjust enrichment. The plaintiff is seeking class certification, a trial by jury, monetary, statutory, and punitive damages, litigation fees, and any other relief deemed proper by the court.
The plaintiff is represented by Sheehan & Associates, P.C.
